The Supreme Court on Monday, in a 3:2 ratio judgement, upheld the 10 percent reservation quota for persons from economically weaker sections (EWS) in admissions and government jobs, ruling that it does not violate the basic structure and the equality code.
The five-judge bench was headed by Chief Justice Uday Umesh Lalit and comprised Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi, and J B Pardiwala. While CJI Lalit and Justice Bhatt dissented against the EWS quota, the other three judges ruled in favour, leading to a 3:2 ratio judgement.
In his conclusion, Justice Dinesh Maheshwari said that “reservation on economic criteria does not violate basic structure.” The ceiling limit of 50 percent is not inflexible, he added.
Here’s how political parties reacted to the Supreme Court’s decision:
Congress Welcomes Verdict, Questions Implementation
Congress welcomed the Supreme Court judgment upholding the 103rd Constitutional Amendment that provides for the 10% reservation quota for Economically Weaker Sections (EWS) belonging to castes other than SC/ST/OBCs.
“Supreme Court’s verdict on providing 10% EWS reservation quota is an affirmative action but my question is, will Central govt be able to implement the verdict of the SC given the country-wide abysmal situation of job shortages,” said Congress MP Adhir Ranjan Chowdhury.
Stalin Says Verdict Setback to Century-long Social Justice Struggle
Tamil Nadu Chief Minister M K Stalin said on Monday said the Supreme Court judgment upholding 10 per cent reservation to people belonging to economically weaker sections (EWS) in upper caste in admissions and government jobs is a “setback to the century-long social justice struggle”. Political parties and all like-minded organisations in Tamil Nadu should come together to protect social justice and ensure it is heard across the country, he said.
TMC Hails Order, Calls it ‘Historic’
Senior TMC leader and MP Saugata Roy on Monday hailed the Supreme Court’s verdict related to reservation to people belonging to the economically weaker sections in admissions and government jobs as “historic” even though its chief spokesperson Sukhendu Sekhar Ray refrained from commenting on it.
Saugata Roy, the Lok Sabha MP, said it is a “big step towards achieving economic equality” in the country. “This is a historic judgment. Parliament had unanimously passed the legislation for having 10 per cent reservation for economically weaker sections. That was challenged in the Supreme Court. The apex court has upheld the amendment, and this is a big step towards achieving economic equality in the country,” Roy said.
However, TMC chief spokesperson and Rajya Sabha MP Sukhendu Sekhar Ray said, “The apex court has given a verdict and we have nothing to say on it as of now.”
BJP Says SC Judgment ‘Slap’ on Some Political Parties
Union Education Minister and BJP leader Dharmendra Pradhan said that the Supreme Court’s decision is a slap on the face of parties with vested interests who have tried to sow discord amongst citizens with their propaganda.
“The amendment is valid and in no manner alters the basic structure of the constitution — Hon. #SupremeCourt’s nod to uphold 10 pc reservation for the EWS is a slap on the face of parties with vested interests who have tried to sow discord amongst citizens with their propaganda,” Pradhan said in a series of tweets. “Constitutional validity to 10% quota for EWS will open up new doors of opportunities for the economically weaker sections, especially in admission to HEIs and central government jobs, further strengthen social justice as well as the spirit of ‘Sabka Sath and Sabka Vikas’,” he added.
Maharashtra Deputy CM Devendra Fadnavis said that the EWS reservation will be provided to the financially backward people who do not get covered into any caste reservations.
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IUML Says SC Order ‘Worrisome’
Indian Union Muslim League (IUML) leader P K Kunhalikutty said the apex court’s order is “worrisome” and added that the backwardness caused due to caste was the result of centuries-old discrimination.
“The order is worrisome and will take away the opportunity of the other sections. The caste-based backwardness is something which was caused through centuries. It will not come to an end within half-a-century,” Kunhalikutty said.
The Centre, through the 103rd Constitutional Amendment Act, 2019, introduced the provision for EWS reservation in admissions and public services. Earlier, the Centre in 2019 had also told the apex court that its law, granting a 10 per cent quota for EWS, was brought in to promote “social equality” by providing “equal opportunities in higher education and employment to those who have been excluded by virtue of their economic status”.
The Lok Sabha and the Rajya Sabha cleared the Bill on January 8 and 9 in 2019, respectively, and it was then signed by then President Ram Nath Kovind. The EWS quota is over and above the existing 50 per cent reservation to SCs, STs, and Other Backward Classes (OBCs).
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